+Article 13f Administrative fines
---+Article 13f 1.
---+Article 13f 2.
---+Article 13f 3.

Article 13f Administrative fines

1. Przegląd

,
Article 13f 1.

The Commission may impose an administrative fine in each of the following cases:

(a) 

where it finds that the data reported by the manufacturer pursuant to Article 13b of this Regulation deviate from the data resulting from the manufacturer’s records file or the engine type-approval certificate issued within the framework of Regulation (EC) No 595/2009, and the deviation is intentional or due to serious negligence;

(b) 

where the data are not submitted within the deadline referred to in Article 13b(1), second subparagraph, and the delay cannot be duly justified.

The Commission shall, for the purposes of verifying the data referred to in point (a), consult with the relevant type-approval authorities.

The administrative fines shall be effective, proportionate and dissuasive and shall not exceed EUR 30 000 for each heavy-duty vehicle concerned by deviating or delayed data as referred to in points (a) and (b).
Article 13f 2.
The Commission shall adopt delegated acts in accordance with Article 17 to supplement this Regulation by laying down the procedure and methods for the calculation and collection of the administrative fines referred to in paragraph 1 of this Article.

Those delegated acts shall respect the following principles:

(a) 

the procedure shall respect the right to good administration, and in particular the right to be heard and the right to have access to the file, while respecting the legitimate interests of confidentiality and of commercial secrets;

(b) 

in calculating the appropriate administrative fines, the Commission shall be guided by the principles of effectiveness, proportionality and dissuasiveness, taking into consideration, where relevant, the seriousness and effects of the deviation or delay, the number of heavy-duty vehicles concerned by the deviating or delayed data, the good faith of the manufacturer, the degree of diligence and cooperation of the manufacturer, the repetition, frequency and duration of the deviation or delay, as well as any prior penalties imposed on the same manufacturer;

(c) 

administrative fines shall be collected without undue delay by setting deadlines for payment and by including, as appropriate, the possibility of splitting payments of those fines into several instalments and phases.
Article 13f 3.
The amounts of the administrative fines shall be considered as revenue for the general budget of the European Union.

1.1 Odwołania

1.2 Zidentyfikowane wymagania

1.3 Powiązane normy

2. Zidentyfikowane wymagania

Wymagania

3. Powiązane normy

Normy